A Criminal DWI Lawyer Can Help An Arrested Person

A criminal DWI lawyer can provide an accused person with the representation they need to have a fighting chance in court. This offense has the capacity to end a person’s career, marriage, and take away valuable privileges. If someone is convicted of a second and third offense, there is a significant chance they will do jail time as well, which can devastate the offender’s life. However, police are often overaggressive when detaining and arresting drivers suspected of being under the influence, and mistakes do happen. A wrongly arrested person shouldn’t have to pay for those mistakes, though, and with an experienced attorney’s help, they may not have to.

How can a criminal DWI lawyer help an arrested person?

There are multiple defenses available to an arrested person, though it usually takes a knowledgeable attorney to execute them. The simplest among them is to check that Miranda Rights were administered during the arrest. Miranda Rights inform an arrested person of what they are entitled to via due process, but police, either out of spite or carelessness, often fail to inform arrested drivers of them. If no Miranda Rights are given at the time of arrest, the case will typically be thrown out.

Police must also have probable cause to perform an arrest, and this is a grey area that police often stretch to the limit. For example, it is not probable cause if someone is under the influence, but sitting in a parked car. Many people believe that they are profiled and targeted at the time of arrest, usually because of their race or ethnicity, and not because of erratic driving. If the attorney can prove this, the case against the defendant will likely be tossed.

Much of the time, the case will come down to a conflict in testimony. The arresting officer will provide testimony that explains why he arrested the driver. The defendant can either provide witness testimony that disputes this claim, or offer an alternative explanation for erratic behavior and driving. Witnesses may confirm that the driver appeared to be sober, for example, or that the driver was distracted by others in the car. Explanations for erratic behavior may include sleeping medication, medical issues, or a lack of sleep. In general, the defendant will need to verify an explanation, but an attorney can help with that.

Many arrests are made after testing blood, breath, or urine, but there can be flaws with this testing as well. If the tests are not calibrated properly, or administered by a certified professional, the test results may be considered invalid. Also, some foods and medications can flag a false positive, and if the test is administered during the absorption phase (which normally takes an hour or two after consuming a drink), the test may produce a positive result even though the driver was sober at the time of arrest.

A criminal DWI lawyer has a number of tactics available for their client, and will exhaust all of them in an effort to keep their client from suffering unfair consequences.

This article was published on Thursday 08 October, 2015.


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